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02/28/2011 CITY COUNCIL WORK SESSION MEETING MINUTES CITY OF CLEARWATER February 28, 2011 Present: Mayor Frank Hibbard, Vice Mayor John Doran, Councilmember George N. Cretekos, Councilmember Paul Gibson, and Councilmember Bill Jonson. Also Present: William B. Horne - City Manager, Jill S. Silverboard - Assistant City Manager, Rod Irwin - Assistant City Manager, Pamela K. Akin - City Attorney, Rosemarie Call - City Clerk, and Patricia O. Sullivan - Board Reporter. To provide continuity in research, items are in agenda order although not necessarily discussed in that order. Mayor Frank Hibbard called the meeting to order at 9:00 a.m. at City Hall. 1. Gas System 1.1 Award a contract (blanket purchase order) for gas meters and regulators to Elster American Meter in the amount of $453,000 for the period April 1, 2011 to March 31, 2012, and authorize the appropriate officials to execute same. (consent) Elster American Meter was the lowest responsive and responsible bidder, who met the specifications for Bid 10-11. The meters purchased will be used for new customers as well as replacing existing meters that have reached the end of their useful life. There were two other bidders, M. T. Deason Company and Equipment Controls Company. Both of these companies’ bids were not accepted because the bids did not meet the specifications or were incomplete. Funding is available in Gas Meter Change-out Pinellas 315-96367 and Gas Meter Change-out Pasco 315-96379 in the Clearwater Gas System Budget. Material is code approved and the meters and regulators will be used on the Clearwater Gas System Distribution System. 2. Human Resources Work Session 2011-02-28 1 2.1 Authorize the renewal of a contract with MHNet of Florida for employee and retiree Employee Assistance Program and Mental Health/Substance Abuse benefits, from January 1, 2011 to December 31, 2011, and authorize the funding of a purchase order in the amount not to exceed $167,000 for the payment of associated premiums. (consent) The contract with the City’s Employee Assistance Program provider, MHNet of Florida, expired on December 31, 2010, with an automatic renewal for another period of three years. However, due to changes in coverage, the parties wish to revise the agreement at this time. For this renewal period, unlike plan year 2010, MHNet will be the City’s sole provider of mental health/substance abuse benefits, as the City’s medical insurance plans with CIGNA now allow for the benefit to be carved out. MHNet will also be required in accordance with the Mental Health Parity Act to ensure the mental health benefits are equal to or better than similar benefits offered under the City’s medical plan currently in effect. This will necessitate MHNet adding autism coverage and eliminating all benefit maximum-dollar expenditure limits under the new contract. These changes will result in an increase of approximately 3% in the per-member per-month premium for plan year 2011. This will be the first rate increase requested by MHNet (formerly Bradman- Unipsych) since they acquired the city account in 2001. Actual cost for City EAP services in plan year 2010 totaled approximately $162,000. Based on 2010 enrollment, a 3% increase in total premiums for all full-time employees, part-time employees, retirees and COBRA participants will amount to approximately $167,000 for 2011. The premiums are rolled into the total premiums for each of the City’s medical insurance plan options, resulting in the City’s share of the cost being allocated in accordance with the current subsidy percentages established for each of those plans, i.e., 100% of the Base plan cost for the employee-only, 75% of the Base plan cost for the employee-plus-one-dependent, and 68% of the Base plan cost for the employee-plus-family. Based on current enrollments, the City subsidizes approximately 78% of the overall medical insurance cost. This would translate to approximately $130,260 of the total premium for the proposed MHNet renewal, to be funded from the City’s Central Insurance Fund, while the remainder would be obtained through employee premium payroll deductions. 2010 City cost based on current enrollment = approximately $126,360 2011 City cost based on current enrollment = approximately $130,260 Increase amount = approximately $3,900 Work Session 2011-02-28 2 In response to a question, Human Resources Manager Allen Del Prete said the increase is due to expanded coverage. Staff was directed to provide information regarding the number of individuals using the service. 3. Library 3.1 Approve the purchase of two additional self check machines to supplement the Contract (Purchase Order) with Integrated Technology Group (ITG) in the amount of $37,974.75 to include hardware, software, maintenance and support for project 316-94861, Library Technology, authorize lease purchase under the City’s Master Lease Purchase Agreement, and authorize the appropriate officials to execute same. (consent) The library originally ordered 9 self-checkout machines to empower our public to assist themselves and improve workflow for our smaller staff. Because of a concern about the limited space, staff placed only 2 machines at the East and Countryside Branch. Due to the continued heavy use at those locations, staff is recommending an additional unit at each location to reduce the lines of customers waiting to checkout. Should there be further reductions in library service because of future budget challenges, the additional equipment will be more important than ever as staff tries to cope with a continuing heavy demand for service. In response to questions, Library Director Barbara Pickell said staff is always available to assist users with the machines. The lease is for a 5-year term. Ms. Pickell provided a brief update on the Re-fresh Café. 4. Parks and Recreation 4.1 Approve an agreement between American Healthways Services, Inc. (Healthways) and the City of Clearwater (City), allowing the City to become a provider of fitness services and benefits for eligible Medicare Members known as the Silver Sneakers Program and authorize the appropriate officials to execute same. (consent) Healthways has established a network of sponsoring organizations throughout the country to provide fitness services, to benefit Medicare participants represented by their medical providers. In the State of Florida, there are nine such providers associated with Healthways. Work Session 2011-02-28 3 Healthways has established a program known as Silver Sneakers where by their members can get health and fitness programs at approved provider sites at no cost. The City has been approved and offered the opportunity to be one of the providers for Healthways. The City's obligation will be to provide facilities for seniors to engage in the various approved Silver Sneakers program and activity. For every visit made to an approved program, which ranges from simply working out in the fitness room or pool to organized exercise classes, the City will be reimbursed or subsidized at a rate of $300 per activity per visit not to exceed $30.00 per month per participant. The reimbursement paid by Healthways is inclusive of all taxes, which may be required to be paid to any governmental authority. Silver Sneaker programs have met with tremendous success wherever they are offered and with the current facilities throughout the City, but most notably at the Long Center, staff believes this will increase participation, and improve the health and quality of life for our senior residents. In order to meet the needs of local seniors and parameters of this program, the current Code of Ordinances, Appendix A, Subject XI, Parks, Beaches, Recreation will require an amendment to allow Healthways to provide these services at city facilities. Staff is recommending the approval of this change in a separate agenda item. The Agreement with Healthways will not be executed until Council adopts the required code amendment on March 17, 2011. In response to questions, Office on Aging Manager Kerry Marsalek said a Clearwater resident would pay $82.50 per year for the Silver Sneakers program. The services would be available to anyone with a Healthways membership. The contract includes all city recreation centers with fitness centers, as well as pool amenities. The City Attorney said the agreement cannot be executed until the adoption of Ordinance 8246-11and requested the agenda title be amended to reflect condition. 4.2 Amend the City of Clearwater Code of Ordinances, Appendix A, Article XI, Parks, Beaches and Recreation, to establish a minimum rate for non-resident fees and provide additional criteria to establish the class of city residents and pass Ordinance 8246-11 on first reading. On October 22, 2009, the City Council amended the Code of Ordinances, Appendix A - Schedule of Fees, Rates and Charges, to address the formula for non-residents fees and the definitions for the class of city residents and definition of families. Since the establishment of the formula, which included a surcharge to be adjusted by the City Manager or his designee, the rate for non-residents has decreased from $180 to $150 per person. At the December 16, 2010 City Council meeting, staff was directed to maintain the formula for non-residents the same but add a provision that the minimum fee for non-residents go no lower than $180 per person, and when the formula produces Work Session 2011-02-28 4 a higher cost, that new cost becomes the new minimum fee. The second change relates to clarifying the definition of corporate memberships, which allows corporations and government institutions within the incorporated boundaries of the City that use city wellness programs for their employees to be considered as a resident for purposes of the fee. The third change adds a new paragraph, which would allow for persons represented by a third-party contractual agreement (i.e., Healthways) to participate in recreation programs in accordance with terms of the contract. This will permit a Silver Sneaker member to participate at a recreation facility for approved Silver Sneaker classes and amenities. In response to a question, Parks and Recreation Director Kevin Dunbar said current passes would be observed; the increased rate would be applied at the anniversary renewal date. Staff was directed to provide information regarding how the capital recovery fee is calculated. 4.3 Approve a partnership and operational support agreement between the City of Clearwater and Clearwater Lady Bombers (Club), to provide for youth programs by operating the day to day operations and maintenance of the Marymont Field located at 1900 Gilbert Street, from March 4, 2011 to March 3, 2012 with the option for 5 additional one-year terms, and authorize the appropriate officials to execute same. (consent) During the Fiscal Year 2010-2011 budget process, personnel to maintain the Marymont softball field were eliminated. Staff has reached out to the community to see if there were any organizations to partner with the City and take over the maintenance and operation of these facilities. Several groups were interested in operating Marymont Field however, after evaluating the qualifications and proposals staff is recommending that a partnership and operational agreement with the Clearwater Bombers which has been a co-sponsor group of the City for over 15 years and primary user of the field for the past six years. The Club will provide the supervision, maintenance and programming of Marymont Field, including club softball, training camps for youth, city sponsored and co-sponsored games and practices, allow for rentals by other groups and allow the City to use the field during specific events as necessary. The Club will be responsible for the day-to-day maintenance of the softball field, restrooms, batting tunnel and common areas associated with the ballfield. The City will continue to maintain the picnic area, playground, basketball court, parking lot and open field areas. This agreement provides for five one-year extensions of this agreement if Work Session 2011-02-28 5 mutually agreed to between the parties and does not require any financial commitment on the part of the City. 4.4 Approve an Agreement between the American Red Cross and the City of Clearwater to provide training in first aid care, emergency response, swim instruction and lifeguarding for City employees and authorize the appropriate officials to execute same. (consent) The Parks and Recreation Department trains and employs recreation staff, lifeguards, swim instructors, and first responders. Employees in these positions have a duty to provide care to an injured or ill person until more advanced help, such as EMS, arrives. The American Red Cross has a nationally recognized training curriculum in first aid care, emergency response, swim instruction, and lifeguarding. The department staff will train approximately 140 employees in first aid, 60 members of the public in lifeguard skills, and 25 in swim instruction. Other organizations have nationally recognized curriculums in these programs but the American Red Cross is an organization that is all encompassing. Trainers and instructors need only one organization to certify in all curriculums. Certificate fees cost $8-$12 each. Books, instructional DVDs, and other materials vary in cost. This Agreement shall commence on the effective date with automatic one-year renewals thereafter on the anniversary of the commencement date, unless either party gives written notice to the other of its desire not to renew. The Recreation Programming Division's Operating Budget contains sufficient funds to cover the costs (approximately $1,500) associated with this Agreement. 5. Solid Waste/General Support Services 5.1 Award a contract (Purchase Order) for $145,997.00 to LDV, Inc. of Burlington, WI for one LDV Model LABMCC163185-10 Traffic Homicide Investigation Vehicle and authorize the appropriate officials to execute same. (consent) The current Traffic Homicide Investigation (THI) Bus (G2453, 2001 Bluebird) has reached the end of its useful life. The bus has experienced starting problems, severe brake system problems and the on-board generator has not started on a few occasions due to various failures. The interior of the bus has shown cracks due to body shifting. The bus has 9,567 miles. Work Session 2011-02-28 6 This bus responds to serious injury or fatality accidents. The bus will remain at the scene for several hours while the THI officers conduct a thorough investigation to determine the cause of the accident. The bus generator will run the entire time to support the emergency lights, interiors lights and air conditioning system. The rear of the bus is used to store traffic control devices, marking paint, tape and barricades. The vehicle is budgeted in the Penny for Pinellas 3 Project - 315-91149 - Police Homicide Vehicle. In response to questions, Solid Waste/General Services Assistant Director Rick Carnley said staff could not locate an invoice during the title search process. The City Attorney said the vehicle was purchased ten years ago; any warranty has expired. Police Chief Anthony Holloway reviewed necessary staffing to investigate a traffic crime scene. The Clearwater Police Department would lose control of the crime scene should traffic homicide investigation services be contracted to Pinellas County Sheriff. The Clearwater Police Department and Pinellas County Sheriff have the same tools and training needed to investigate the scene. 6. Engineering 6.1 Approve a Work Order to Engineer of Record Reiss Engineering Inc. for Stormwater Modifications to Town Pond in the amount of $294,569. (consent) Now known as Prospect Lake, located in Prospect Lake Park, this stormwater system was constructed in 2004 to service a defined Downtown Drainage District. This 3.5-acre alum treatment pond was Cooperatively Funded by SWFWMD (Southwest Florida Water Management District) to treat a 100-acre watershed, reduce street flooding and allow redevelopment of the area by creating a Buy-In District for stormwater treatment. It has since been determined that the permitted system is not capable of meeting the water quality requirements of the permit. This is primarily due to the fact that the alum pond was designed as a high volume flow-through system. This design does not provide for proper settling in the pond. The City hired Reiss Engineering to evaluate the existing conditions of the treatment system and provide the City with options for bringing the system into compliance. The work order reflects the outcome of that evaluation, along with design, permitting and construction management services for future modifications. A midyear amendment will transfer $294,569 Stormwater Utility Revenue from 0315- 96170, Coastal Basins Projects to 0315-96125, Town Lake to fund the work order. Work Session 2011-02-28 7 It was requested that Item 6.1 be continued to March 14, 2011. Mayor Frank Hibbard said he contacted State Senator Jack Latvala for funding assistance. In response to questions, Engineering Assistant Director Scott Rice said at the time Town Pond was constructed alum technology was emerging and shown to work well in a static environment. The project was designed in good faith. Mr. Rice said the $1 million budgeted for the modifications should be sufficient if the City is not required to build another offsite pond. 7. Official Records and Legislative Services 7.1 Appoint one member to the Marine Advisory Board with term to expire March 31, 2015. Consensus was to reappoint Tom Calhoun. 8. Legal 8.1 Adopt Ordinance 8243-11 on second reading, rescinding Ordinances 8203-10, 8204-10, and 8205-10. 8.2 Adopt Ordinance 8240-11 on second reading, annexing certain real property whose post office address is 2270 Landmark Drive, together with abutting right- of-way on the north side of the subject parcel and the right-of-way of Landmark Drive, into the corporate limits of the city and redefining the boundary lines of the city to include said addition. 8.3 Adopt Ordinance 8241-11 on second reading, amending the future land use plan element of the Comprehensive Plan of the city to designate the land use for certain real property whose post office address is 2270 Landmark Drive, together with abutting right-of-way on the north side of the subject parcel and the right-of- way of Landmark Drive, upon annexation into the City of Clearwater, as Recreation/Open Space (R/OS). 8.4 Adopt Ordinance 8242-11 on second reading, amending the Zoning Atlas of the city by zoning certain real property whose post office address is 2270 Landmark Drive, together with abutting right-of-way on the north side of the subject parcel and the right-of-way of Landmark Drive, upon annexation into the City of Clearwater, as Open Space/Recreation (OS/R). 9. City Manager Verbal Reports – None. Work Session 2011-02-28 8 10. Council Discussion Items 10.1 Advisory Board Requirements - Councilmember Gibson Councilmember Paul Gibson expressed concern that a recent advisory board applicant was a registered voter in another state. The City Attorney said the city code does not define resident. The applicant in question, John Giotis is not registered to vote anywhere. Discussion ensued regarding residency requirements. Staff was directed to provide alternatives for residency requirements and agenda discussion for next work session. 10.2 Progress Energy/Island Estates Undergrounding of Utilities Progress Energy District Operations Manager Michael Leeks reviewed the approval process for undergrounding utilities. Boundaries and scope of request are reviewed by all impacted utilities. Undergrounding utilities does not eliminate power outages. Mr. Leeks said the reliability rate is 50% less outages but last approximately 50% longer. Undergrounding is not the most cost effective means of service. In response to questions, Mr. Leeks said all funding must be secured prior to project implementation. The estimated per lineal mile cost was $1 million. Finance Director Jay Ravins said the estimated cost to underground utilities on island estates in 1997 was $8.6 million for 2300 parcels. In 2008, the project was reduced to 90 parcels for an estimated $596,000. Assistant City Manager Jill Silverboard said undergrounding would require significant easements. The estimates do not include any costs from other impacted utilities. Staff was directed to provide information regarding the reduced project scope (90 parcels) and to contact the civic association to determine residents’ level of participation and willingness to commit. 10.3 Business Forum - Mayor Hibbard Mayor Frank Hibbard said the Clearwater Downtown Partnership expressed concerns that the Partnership is working on similar issues. Work Session 2011-02-28 9 There was consensus that membership include individuals with businesses located in the city. The committee will convene for three to six months and meet twice a month. The City Manager said a temporary board reporter would be funded via Council’s budget and city staff would attend meetings as requested. 10.4 Zipline for Sand Key - Dev Pathik, Founder and CEO Clearwater Canopy Tours The City Manager provided Council a letter from Pinellas County Administrator Robert LaSala. The Council recessed from 11:13 a.m. to 11:22 a.m. Mr. Pathik provided a PowerPoint presentation on the proposed project. The project is intended to be a 2-hour canopy/ecological tour, providing participants information on ways to reduce their carbon footprint while visiting Clearwater. The Zipline will be operated during park hours. Mr. Pathik reviewed safety measures and said plans do not include alcohol sales or outdoor music. In response to questions, Mr. Pathik said the maximum elevation of the towers would be approximately 65-70 feet for the entry tower and 35-40 feet for the remaining towers, with a total of 12-15 poles. The entry tower height is due to the existing spoil mound. The Zipline would require the canopy to be trimmed; no trees would be removed. The area under consideration is east of the parking lot and west of the entry road. Only the entry tower, if placed on the spoil mound, will be above the tree line. Mr. Pathik said the facility would meet ADA (American Disabilities Act) requirements. Staff was directed to confirm if staff attended any meetings noted in Mr. LaSala’s letter. Planning and Development Assistant Director Gina Clayton said staff discussed concept of proposed project with county representatives. The proposed project exceeds allowable height limitations and requires a comprehensive infill redevelopment project application. Concerns raised by staff include traffic, noise, appearance, compatibility with the existing features of the park and safety with people falling off the line. In response to a question, the City Attorney said the counsel for Pinellas County has cited a specific provision in the county charter that allows Pinellas County to develop property without the City’s approval. Mr. LaSala’s letter indicates the County will seek the City’s approval. Past county projects have sought development approval from the City. Sand Key Civic Association representative Joellyn Farnham said residents are being informed of the proposal and a task force has been created to seek resident input. A Town Hall meeting has been scheduled for April 4, 2011 at 7:00 p.m. at the Sand Key Sailing Center. Work Session 2011-02-28 10 10.5 MPO/PPC Update - Councilmember Cretekos Councilmember George N. Cretekos said, at the last BIG-C meeting, members expressed concerns that the MPO/PPC (Metropolitan Planning Organization/Pinellas Planning Council) representative would rotate among member cities, allowing cities to sit on the MPO/PPC every twenty years and now considering creating population based categories to address issue. 11. Closing Comments by Mayor- None. 12. Adjourn The meeting was adjourned at 12:20 p.m. Work Session 2011-02-28 11